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Moot Court Exercise Problem No. 3 as part of law course
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Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
CASE 2 – Constitutional Case
Mr. Prem is staying in a colony which is situated near an industrial area in Hyderabad. There is lake near to his residence by name Sundara Sarovar surrounded by trees and people in the city used to spend their weekends with their families. But all this is a past because since few years the entire area is polluted with industrial waste and toxic elements. The lake is completely stagnated and emitting unbearable smell and has become a hub for mosquitoes creating lot of nuisance to the people residing nearby spreading fatal diseases.
Mr. Prem, as a responsible and socially spirited citizen approached the State Pollution Control Board and GHMC with a complaint regarding hazardous situation but all the efforts have gone in vain. Neither the State Pollution Control Board nor GHMC took any action. Suggest Mr. Prem a legal remedy in this regard.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
GROUNDS
(a) That the failure on the part of the Respondent authorities is illegal, unconstitutional and against the public policy and the policy and program of public health.
(b) That the inaction of the Respondent authorities shows their negligent attitude and lack of proper care and attention in come backing the spreading of diseases.
(c) It is humbly submitted that, there is no other effective, alternative remedy except to invoke the original writ jurisdiction of this Hon’ble Court under Article 226 of the Constitution of India.
(d) It is humbly submitted that, I have not filed any other writ or other proceedings either before this Hon’ble Court of before any other court or authority or tribunal in respect of the subject matter in question.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
For the reasons mentioned above, it is humbly prayed that this Hon’ble Court may be pleased to issue a writ order or direction, more so a writ in the nature of mandamus directing the Respondent authorities to take immediate action and to pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and public health.
Solemnly affirm and signed, Sd/- On this the 1st^ day of March 2021, Prem At Hyderabad. (Deponent)
Before me, Sd/– A. Mallikarjun Advocate, Hyderabad
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
(Under Article 226 of the Constitution of India)
IN THE HIGH COURT OF JUDICATURE OF TELANGANA STATE AT HYDERABAD
[SPECIAL ORIGINAL JURISDICTION]
W.P. No: 240 of 2021
Mr. Prem S/o. Shyam, Aged about 45 years, Occ: Private Employee, R/o. Sundar Nagar Colony, Jeedimetla, Balanagar, Hyderabad. ..... Petitioner
AND
The address for service of summons, notices and processes on the above named Petitioner is the same as that of his counsel Sri A. Mallikarjun, Advocate, Office at: H. No. 6-3-1185/76, B. S. Maktha, Begumpet, Hyderabad – 500016; Mobile: 9642099922.
Addresses for service of summons, notices and process on the above named Respondents are the same as that mentioned in the above cause title.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue any writ order or directions, more in the nature of Writ of Mandamus declaring the inaction of the Respondents 1 and 2 herein in considering the Petitioner’s representations as illegal, arbitrary and consequently directing the Respondent authorities 1 and 2 to take immediate action and to pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and public health.
Place : Hyderabad Date : 01-03-
Sd/- (A. Mallikarjun) Counsel for the Petitioner
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
Special Original Jurisdiction
W.P. No: 240 of 2021
Mr. Prem S/o. Shyam, Aged about 45 years, Occ: Private Employee, R/o. Sundar Nagar Colony, Jeedimetla, Balanagar, Hyderabad. ..... Petitioner
AND
..... Respondents
COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT 1
I, Lokesh Kumar, aged about 40 years, R/o. Sanathnagar, do hereby solemnly and sincerely affirm and state on oath as follows:-
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
For the reasons mentioned above, it is humbly prayed that this Hon’ble Court may be pleaded to dismiss, in limine, the Writ Petition filed by the Petitioner as illegal, uncalled for, vexatious and to pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and fair play.
Sd/- Lokesh Kumar (Deponent)
Solemnly affirm and signed, On this the 24th^ day of March 2021, At Hyderabad.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
W.P. No. 240 of 2021
M/S. RAM SINGH, Advocate
Counsel for the Respondent No.
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
Special Original Jurisdiction
W.P. No: 240 of 2021
Mr. Prem S/o. Shyam, Aged about 45 years, Occ: Private Employee, R/o. Sundar Nagar Colony, Jeedimetla, Balanagar, Hyderabad. ..... Petitioner
AND
..... Respondents
COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT NO. 2
I, Rajiv Sharma, aged about 50 years, R/o. Kukatpally, do hereby solemnly and sincerely affirm and state on oath as follows:-
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
At Hyderabad.
Before me,
Sd/– Nazir Ahmed Khan Advocate, Hyderabad
I, Rajiv Sharma, Respondent No. 2, in the above Writ Petition, do hereby state that the contents of the Paras 1 to 7 of the Counter Affidavit to the Writ Affidavit are true to my personal knowledge and belief as also based on legal advice believed to be correct.
Sworned and signed at Hyderabad on the 26th^ day of March, 2021.
Sd/ - Rajiv Sharma (Deponent)
Raghunadh Sir Dictated notes
A. Mallikarjun (1726-18-831-094)
W.P.No.240 of 2021
COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT NO.
M/S. NAZIR AHMED KHAN Advocate
Counsel for the Respondent No.